While Mr. P. Gunasegaran ( No to whipping for drinking, 28 Aug 2009, Star ) and those in the similar vein are entitled to their freedom of expression, it nonetheless needs to be pointed out that his abrasive intrusion into the intoxicating whipping debate is in extreme bad taste and a blatant affront to Muslim sensitivity.

His high and mighty pronouncement ( read fatwa ) based on his secular theology and his one sentence reference to some unnamed Muslim scholar, makes him an overnight jurist ( read Mufti ) !

Despite 52 years of Merdeka, quite apparently and most unfortunately, the civilized and democratic values of mutual respect is sorely missing in our multi-religious co-existence. And as far as Muslims are concerned, there has been one too many Islamophobic sentiments snowballing by the day in the mainstream editorials, press reports and cyber portals.

Fed by deep-seated prejudice, and popular misconceptions towards Islam and the Shariah, the words “barbaric”, “cruel”, and “inhumane” are hurled without regard for the sensitivity of Muslims.

Barbaric, cruel, and inhumane are after all relative terms that are employed to demonize the other. This media onslaught, directly or indirectly, knowingly or unknowingly, attempts to belittle and humiliate the Shariah justice system, an entire institution whose place in our nation is legitimated by history and the Constitution.

What else does one make of the following headlines “and lets do away with a slew of outmoded, archaic laws in the statute books, both syariah and civil”. He further adds “there is real danger of disarray when man purports to speak for God”. I hasten to respond by asking – should we then let him (the editor) play God or better still be God ?

Islam, meaning ‘submission’- however awkward such a notion is to secular liberal thinking – is acceptance with a free conscience both the tenets of the faith and outwardly the injunctions of the Shariah which encompasses formal ritual worship and the regulation of personal and social mores based on sacred texts.

Believers of other faiths, liberal secularists and secular atheists need to understand that Islam is the governing principle in every aspect of a Muslim’s life to a degree seldom seen in the adherents and practitioners of other religions. Islam is not just a matter of rituals and worship; Islam is a complete way of life. For those who cannot or will not accept the crucial importance of this most important reality in the life of all Muslims we can only say, hopefully without insult, please stay out of our business.

As Muslims we have no difficulty accepting that non-Muslims have different beliefs and live their lives differently than we do. Please show us the same courtesy.

His editorial among others, reflect the distressing trend that non-Muslims are making ill-informed, prejudiced and unwelcome comments on the religion of the majority of people of this country. This is very unhealthy, and dangerously crossing the lines of civilized discourse.

There exists a myriad of opinions on the issue of consumption of intoxicants. But the Muslim scholars are unanimous that the offender must be punished.

If the offence is considered under the jurisdiction of hudud (limits), as is embraced by the schools of thought of Syafie, Maliki and Hanafi, caning must be meted without exception. This being the stipulate of God for the good of the bigger society.

However, Al-Qaradhawi, the celebrated contemporary scholar, in consonant with the likes of At-Tabari, Ibn Munzir, As-Syawkani and Ibn Qayyim opines that this offence is within the domain of ta’zir (discretionary penalty). Thus, the judge may choose to forgive the first time offender or he may elect to cane the offender and would stipulate the number of canings. As alluded by others, the caning is unlike the brutal and vicious whippings as prescribed by the civil courts.

Asst. Prof. Dr. Zulfakar, who lectures Islamic criminal law in the International Islamic University of Malaysia, and Datuk Abdul Munir Yaakob, SUHAKAM commissioner, concurred that the courts acted within the State Shariah Criminal Offences Act notwithstanding the seven day remand order.

The Shariah court is part of Malaysia’s dual justice system which has jurisdiction over Muslims and the decision of the Kuantan Shariah High Court must be respected as such That is the rule of law enjoyed by both the Shariah and Civil courts and outside interference would tantamount to contempt of court. The due process of appeal is open to the victim if justice is not done or seen to be done.

In this media frenzy, the irony has not been lost that Kartika herself has accepted the sentence and has refused appeal despite the suggestion by no less the Prime Minister himself. This underscores one of the objectives of the Shariah, to guide Muslims to be more observant of their religious obligations through remorse and repentance.

The controversy surrounding Kartika’s sentencing also exposes the sometimes uneasy co-existence of the world views of Islam and that of modern secular society. Attempts to fit Islam into the secular world view is like forcing a square peg into a round hole.

Globally, the World Health Organisation (WHO) reports that alcohol causes 1.8 million deaths (3.2% of total) and 58.3 million (4% of total) of Disability-Adjusted Life Years (DALYs). The U.S. Department of Justice Report on Alcohol and Crime found that alcohol abuse was a factor in 40 percent of violent crimes committed in the U.S. The British Home office reports a figure of 45% which rose to 58% in cases of attacks by unrecognized persons. We have not even begun to mention the primary role of alcohol in road traffic accidents, domestic violence, drug dependence, alcoholism, women and alcohol, adolescents and alcohol, fetal alcohol syndrome, alcohol and liver cirrhosis, alcohol and brain damage, alcohol and cancer risk, the causal link between alcohol and 60 different types of diseases etc.

God says in the Quran, Chapter 2, Verse 219 :
“They ask you concerning wine and gambling. Say: ‘There is a great sin in both of them, and (some) profits for people; but their sin is greater than their profit …”

As Muslims, our absolute love and allegiance is to our Creator, whose infinite wisdom we do not question. Thus, it is completely unacceptable and reprehensible that any from amongst his creations, should instruct us otherwise applying their fallible human and secular opinions and standards.

Fifty-four civil society groups have come together to express their outrage over the threat of violence and the offending display of a cow head at a protest in Shah Alam last Friday.

In a statement, the NGOs demanded that those responsible for the incident be investigated and charged for inciting violence instead of sedition, which is considered a much lighter offence.

“Hatred and bigotry must be condemned and distanced by every ethno-religious community especially those the bigots claim to represent,” it said.

“We hope this message representing the view of various segments of our society – Muslim, Christian, Hindu, Chinese, Indian, human rights, women rights, media freedom, culture, business – will be given its commensurate coverage for all Malaysians to ponder upon while celebrating our national independence.” said Wong Chin Huat, one of the spokespersons for the group.

“Pretending that such incident did not happen or downplaying it would do no good to our national consciousness and the preservation of peace in this country.”

Among the key groups which backed the statement are Suara Rakyat Malaysia (Suaram), Jemaah Islah Malaysia (JIM), Muslim Professionals Forum (MPF), Coalition of Selangor Indian NGOs and Council of Churches of Malaysia (CCM) Youth.
The following is the statement in full

We, the undersigned civil society organisations are shocked, angered and saddened by the ‘Cow-head protest’ in Shah Alam last Friday against a proposed Hindu temple in Section 23 of the city.

The carrying of the head of a freshly slaughtered cow, a sacred animal to the Hindus, and the unveiled threat of bloodshed on the eve of Merdeka celebration suggest that all Malaysians need to reflect deeply about our 52 years of nationhood, and the clarion call of 1Malaysia

From the outset, these heinous acts of crime perpetrated by the irresponsible few must never be seen as a conflict between the two faiths or the two faith communities.

All major spiritual traditions, Islam and Hinduism included, uphold peace and human dignity as their common and core values. Our spirituality and love for humanity mandates us for the perpetual quest for peace and abhorrence of all forms of hatred and civil disorder.

The Shah Alam incident sadly reveals that violence and hatred are still inadequately delegitimised in our society. We exhort all Malaysians to unite in our joint efforts to decry and delegitimise violence and hatred to prevent any individual or grouping from resorting to intimidation or provocation when faced with any town-planning disputes or rows of similar nature.

We the undersigned, taking cognisance of the above, do hereby:

1. Urge that all disputes in civil society must be resolved through peaceful means such as peaceful demonstrations, rational dialogues, extensive consultations and legal suits. The Selangor state government’s plan to hold a town hall meeting to facilitate communication and engagement with all stakeholders is highly commendable.

2. Condemn in the strongest possible language any act to humiliate and intimidate any ethno-religious community, in this case the irreligious and irresponsible display of a cow head.

In the Shah Alam incident, not only the Hindus are humiliated and hurt but also all thinking Malaysians – Muslim, Buddhist, Hindu, Christian, Sikh, those of other spiritual traditions and atheist. We particularly share the pain and anguish of the Shah Alam Hindu community.

3. Urge all religious authorities, community leaders and political parties to unreservedly condemn the perpetrators of the reprehensible ‘cow head’ act. Every racial and religious bigot should be shamed and distanced by the general public especially by their ethno-religious community which they seek to represent.

Political parties must also take disciplinary action against members involved in inciting hatred. This would deprive them the pleasure and gratification of self-righteousness and heroism. Legal punishment alone may prove inadequate because it may instead grant the offenders the self-perceived honour of martyrdom

4. Support a thorough investigation of those responsible for the ‘cow head’ protest for threatening violence (not sedition) on both the local Hindu community and the elected state government of Selangor.

Threats of violence, for whatever reason, has no place in a civilised society. Violence must be condemned and can only be completely delegitimised when society has zero tolerance for it and every offender is appropriately punished.

5. Express shock and dismay at the failure of the police force to stop the protestors from issuing their threats of bloodshed. An independent investigation on professional negligence should be
immediately initiated to examine these policing failures of a potentially fulminating racial and religious crisis.

This incident among others further highlights the dire importance and urgent need for an Independent Police Complaints and Misconduct Commission (IPCMC). The IPCMC is a must if the Najib administration is genuinely committed to peace in Malaysia.

6. Call on all Malaysians to heed our plea to completely delegitimise violence and hatred and to strive towards its elimination from our public life. Let this be our joint resolution for our nation’s
forthcoming Merdeka anniversary. Let us usher in a Malaysia which cherishes the values of peace, reason, justice, freedom, equity and inclusion for all Malaysians.